Second Regular Session
Sixty-first General Assembly
LLS NO. 980654.01D JAP
HOUSE BILL 981367
STATE OF COLORADO
BY REPRESENTATIVE G. Berry
EDUCATION
A BILL FOR AN ACT
CONCERNING HIGHER EDUCATION.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Effective June 30, 1998, abolishes the board of trustees of the state colleges in Colorado. Designates the Colorado commission on higher education as the governing board for the state colleges from July 1, 1998, to June 30, 1999. Requires each state college to present a governance plan to a joint meeting of the education committees of the senate and house of representatives and the joint budget committee on or before September 1, 1998. Specifies that each plan shall include the state college's preference as to future governance. Instructs the education committees and the joint budget committee, acting together, to recommend legislation establishing the governing boards for the state colleges.
For the 199899 fiscal year, instructs the general assembly to appropriate to the Colorado commission on higher education the funds that would otherwise be appropriated to the board of trustees of the state colleges in Colorado. Instructs the commission to allocate said funds to the state colleges in proportion to the amount received by the state colleges in the previous fiscal year. Allows the commission to retain a percentage of the funds so appropriated to offset the costs incurred in managing the state colleges.
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 2350101, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
2350101. Governance of state colleges. (1) FOR PURPOSES OF THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "COMMISSION" MEANS THE COLORADO COMMISSION ON HIGHER EDUCATION, CREATED PURSUANT TO SECTION 231102.
(b) "STATE COLLEGES" MEANS METROPOLITAN STATE COLLEGE OF DENVER, MESA STATE COLLEGE, WESTERN STATE COLLEGE OF COLORADO, AND ADAMS STATE COLLEGE OF COLORADO.
(2) EFFECTIVE JUNE 30, 1998, THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO IS ABOLISHED AND THE TERMS OF THE TRUSTEES SERVING AS SUCH IMMEDIATELY PRIOR TO JUNE 30, 1998, ARE TERMINATED. FOLLOWING SUCH TERMINATION AND UNTIL JUNE 30, 1999, THE STATE COLLEGES SHALL BE UNDER THE CONTROL OF THE COLORADO COMMISSION ON HIGHER EDUCATION.
(3) (a) ON OR BEFORE SEPTEMBER 1, 1998, EACH OF THE STATE COLLEGES SHALL PRESENT A GOVERNANCE PLAN AT A JOINT MEETING OF THE EDUCATION COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES AND THE JOINT BUDGET COMMITTEE. EACH STATE COLLEGE'S GOVERNANCE PLAN SHALL SPECIFY:
(I) THE EXISTING GOVERNING BOARD WITH WHICH THE STATE COLLEGE WOULD CHOOSE TO AFFILIATE; OR
(II) WHETHER THE STATE COLLEGE WOULD PREFER TO OPERATE INDEPENDENTLY UNDER ITS OWN GOVERNING BOARD; OR
(III) WHETHER THE STATE COLLEGE WOULD PREFER TO JOIN WITH ONE OR MORE OF THE OTHER STATE COLLEGES IN CREATING A NEW STATE COLLEGE GOVERNING BOARD.
(b) IN PREPARING ITS GOVERNANCE PLAN, EACH STATE COLLEGE, AT A MINIMUM, SHALL WORK WITH THE COMMISSION, THE STATE SENATOR AND STATE REPRESENTATIVE OF THE SENATE AND HOUSE DISTRICTS IN WHICH THE STATE COLLEGE IS LOCATED, AND MEMBERS OF THE PUBLIC. EACH STATE COLLEGE SHALL HOLD AT LEAST ONE PUBLIC MEETING TO RECEIVE COMMENTS FROM THE PUBLIC IN PREPARING ITS GOVERNANCE PLAN.
(c) IN ADDITION TO THE ISSUES SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (3), THE GOVERNANCE PLAN PRESENTED BY EACH STATE COLLEGE MAY ADDRESS ANY OTHER GOVERNANCE ISSUES ARISING IN THE COURSE OF CONSIDERING A CHANGE IN GOVERNANCE. THE COMMISSION SHALL ALSO PRESENT ITS RECOMMENDATIONS CONCERNING GOVERNANCE OF THE STATE COLLEGES TO THE JOINT MEETING OF THE EDUCATION COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES AND THE JOINT BUDGET COMMITTEE.
(d) ON OR BEFORE OCTOBER 15, 1998, THE EDUCATION COMMITTEES AND THE JOINT BUDGET COMMITTEE SHALL JOINTLY RECOMMEND LEGISLATION TO ADDRESS THE GOVERNANCE OF THE STATE COLLEGES TO THE LEGISLATIVE COUNCIL. SUCH LEGISLATION SHALL BE TREATED AS LEGISLATION RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT RULES OF THE GENERAL ASSEMBLY.
(4) DURING THE TIME THE COMMISSION IS SERVING AS THE GOVERNING BOARD FOR THE STATE COLLEGES, THE COMMISSION MAY HOLD PROPERTY FOR THE USE OF THE STATE COLLEGES, MAY BE A PARTY TO ALL SUITS AND CONTRACTS INVOLVING THE STATE COLLEGES, AND MAY DO ALL THINGS THERETO LAWFULLY APPERTAINING IN LIKE MANNER AS MUNICIPAL CORPORATIONS OF THIS STATE. THE LEGAL EFFECT OF ANY STATUTE HERETOFORE DESIGNATING THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, OR PROPERTY RIGHTS HERETOFORE ACQUIRED AND OBLIGATIONS HERETOFORE INCURRED UNDER ANY OTHER NAME, SHALL NOT BE IMPAIRED BUT SHALL BE DEEMED TO APPLY TO THE COMMISSION.
(5) THE COMMISSION SHALL HAVE THE POWER TO CONTINUE ANY RESOURCESHARING PROGRAM IMPLEMENTED BY THE TRUSTEES OF THE STATE COLLEGES BETWEEN THE INSTITUTIONS PREVIOUSLY GOVERNED BY SAID TRUSTEES AND WITH ANY OTHER INSTITUTION OF HIGHER EDUCATION FOR THE PURPOSE OF MAXIMIZING PROGRAM AVAILABILITY.
SECTION 2. Repeal. 2350102, Colorado Revised Statutes, is repealed.
SECTION 3. 2350103, Colorado Revised Statutes, is amended to read:
2350103. Faculty salaries
course of study. EFFECTIVE JULY
1, 1998, AND UNTIL JUNE 30, 1999, subject to the constitutional
powers of the state board of education, the trustees
of the state colleges in Colorado
COMMISSION SHALL have the general supervision of the STATE colleges
named in section 2350101
(1) and the control and direction
of their funds and the appropriations therefor. They
THE COMMISSION SHALL have the power to appoint the faculty, consisting
of principals, assistant principals, and such other professors
as may be required. They may also appoint such assistant teachers
as are found necessary. Said trustees
THE COMMISSION SHALL have the power to remove said principals
or assistant principals or any professor, teacher, or employee
in or about the colleges and to appoint or employ another or others
instead; to fix the salaries of each; and to prescribe their several
duties. With the advice of the faculty, they
THE COMMISSION shall prescribe in the colleges the degree programs;
however, the faculty shall advise and consent to the textbooks,
courses of study, and instruction. They
THE COMMISSION shall make all needful rules, regulations, and
bylaws for the good government and management of the same.
SECTION 4. 2350103.5, Colorado Revised Statutes, is amended to read:
2350103.5. State colleges in Colorado
fund creation control use.
(1) There is hereby created in the state treasury the
trustees of the
state colleges in Colorado fund which
THAT, FROM JULY 1, 1998, TO JUNE 30, 1999, shall be under the
control of and administered by the trustees
of the state colleges in Colorado
COMMISSION in accordance with the provisions of this article.
Except as otherwise allowed by section 2436103 (2),
C.R.S., all moneys received or acquired by the board
COMMISSION FOR THE STATE COLLEGES or by any of the institutions
it governs STATE COLLEGES, whether
by appropriation, grant, contract, or gift, by sale or lease of
surplus real or personal property, or by any other means, whose
disposition is not otherwise provided for by law, and all interest
derived from the deposit and investment of moneys in the fund
shall be credited to said fund. The moneys in the fund are hereby
continuously appropriated to the board
COMMISSION FOR ADMINISTRATIVE COSTS INCURRED IN GOVERNING THE
STATE COLLEGES AND FOR ALLOCATION TO THE STATE COLLEGES and shall
remain in the fund and shall not be transferred or revert to the
general fund of the state at the end of any fiscal year. No investment
earnings or other moneys in the fund shall be subject to any management
fee imposed pursuant to section 2436114, C.R.S.
(2) The moneys in the trustees
of the state colleges in Colorado
fund shall be used by the trustees
of the state colleges in Colorado
COMMISSION for the payment of salaries
and operating expenses of
the board INCURRED BY THE COMMISSION
IN GOVERNING THE STATE COLLEGES and OPERATING EXPENSES of the
institutions it governs and for the
payment of any other expenses incurred by the board in carrying
out its statutory powers and duties
STATE COLLEGES.
(3) Moneys in the trustees
of the state colleges in Colorado
fund which
THAT are not needed for immediate use by the trustees
of the state colleges in Colorado
COMMISSION IN GOVERNING THE STATE COLLEGES may be invested by
the state treasurer in investments authorized by sections 2436109,
2436112, and 2436113, C.R.S. The board
COMMISSION shall determine the amount of moneys in the fund which
THAT may be invested and shall notify the state treasurer in writing
of such amount.
SECTION 5. 2350104, Colorado Revised Statutes, is amended to read:
2350104. Grounds, buildings, and
apparatus. The
trustees of the state colleges in Colorado have
EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COMMISSION
HAS the power, and it is their duty from time to time, as means
are provided and placed at their disposal, to provide suitable
grounds and buildings, either by donation, purchase, or lease,
for the use of said
THE STATE colleges and, in their discretion, also to provide all
proper and needful apparatus, books, articles, and things for
teaching and illustrating the branches of study authorized in
said
THE STATE colleges.
SECTION 6. Repeal. 2350105, Colorado Revised Statutes, is repealed as follows:
2350105. Board to elect officers.
The trustees of the state colleges
in Colorado shall elect from among their number, at the annual
meeting of the board, a president, who shall preside at all meetings
and perform such duties as are incumbent upon such office. The
board shall also elect a secretary, who is not a member of the
board and who shall hold office for a term of one year and until
his successor is elected and qualified. The secretary shall give
bond in a sum fixed by the commissioner of education for the faithful
handling and true accounting and delivery of all moneys and property
of said colleges coming into his hands or control. The bond shall
be filed with the secretary of state after approval of the sureties
thereon by the board of trustees. No secretary shall receive
into his possession or control any moneys or property of said
colleges until after he has executed his bond and the same has
been approved and filed as provided in this section.
SECTION 7. 2350106, Colorado Revised Statutes, is repealed as follows:
2350106. Treasurer of board
oath and bond. The
trustees of the state colleges in Colorado shall elect a treasurer,
who shall hold his office at the pleasure of the board. Said
treasurer shall keep a true account of all moneys received and
paid out by him and pay all warrants duly signed by the president
and countersigned by the secretary of said board in the order
of their presentation. Before entering upon the duties of his
office as treasurer, he shall take and subscribe an oath that
he will faithfully perform the duties of treasurer and shall also
give a bond in the penal sum of not less than twentyfive
thousand dollars, conditioned for the faithful discharge of his
duties as treasurer, and that at all times he will keep and render
a true account of all moneys and other valuables received by him
as such treasurer and of the disposition he has made of the same,
and that he will at all times be ready to discharge himself of
the trust and to deliver up, when requested by said board, all
moneys, notes, bonds, and other valuables entrusted to him. The
bond shall have two or more good securities and shall be approved
as to its form and the sufficiency of its sureties by the board
of trustees and the secretary of state, who shall endorse their
approval on the bond, and it shall be filed in the office of the
secretary of state. No member of the board of trustees shall
be eligible to the office of treasurer.
SECTION 8. 2350107, Colorado Revised Statutes, is amended to read:
2350107. Powers of trustees.
The trustees of the state colleges
in Colorado EFFECTIVE JULY 1, 1998,
AND UNTIL JUNE 30, 1999, THE COMMISSION SHALL have the power to
receive, demand, and hold for the uses and purposes of said
THE STATE colleges such money, lands, or other property as may
be donated or devised for or thereto and to apply the same within
the powers conferred by law in such manner as shall best serve
the interests and objects of said
THE STATE colleges.
SECTION 9. 2350108, Colorado Revised Statutes, is amended to read:
2350108. Students qualifications.
The trustees of the state colleges
in Colorado EFFECTIVE JULY 1, 1998,
AND UNTIL JUNE 30, 1999, THE COMMISSION shall prescribe the qualifications
for admission of students to said
THE STATE colleges. Every applicant for admission to any of said
THE STATE colleges shall undergo an examination by the faculty
of the college, and, if it appears that such applicant is not
a person of good moral character or if he OR SHE fails to pass
such examination, such applicant shall be rejected.
SECTION 10. 2350109, Colorado Revised Statutes, is amended to read:
2350109. Open to residents
tuition. The STATE colleges under
the control of the trustees of the state colleges in Colorado
shall be open, subject to their regulations, to all persons resident
in this state, sixteen years of age and upwards, upon the payment
of such reasonable charges for tuition as the board
COMMISSION may determine; and to nonresidents of this state under
such regulations as said board
THE COMMISSION may prescribe, upon payment of a rate of tuition
to be fixed by said board
THE COMMISSION. The board
COMMISSION shall fix tuition in accordance with the level of cash
fund appropriations set by the general assembly for such institutions
pursuant to section 231103.5.
SECTION 11. 2350110, Colorado Revised Statutes, is amended to read:
2350110. Granting of degrees and
diplomas. The STATE colleges under
the control of the trustees of the state colleges in Colorado
pursuant to this article are authorized
to grant degrees and diplomas to the students who have completed
the full course of instruction in said colleges and who have been
recommended for such diplomas by the respective faculties of said
colleges. Any such diploma, when signed by the president of the
college, the commissioner of education, and the president and
secretary of the trustees of the state
colleges in Colorado COMMISSION,
shall be evidence that the receiver thereof is a graduate of such
college and is entitled to all the honors and privileges of a
graduate.
SECTION 12. 2350112 (1), Colorado Revised Statutes, is amended to read:
2350112. Commission authorized to
cede jurisdiction of college driveways.
(1) The trustees of the
state colleges in Colorado are EFFECTIVE
JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COMMISSION IS authorized
to cede jurisdiction of the regulation and control of the use
of the driveways on the campus of any state college under
the jurisdiction of the trustees
to the town, city, or county in which a state college is located,
subject to the acceptance of said jurisdiction by the respective
town, city, or county.
SECTION 13. 2350113, Colorado Revised Statutes, is amended to read:
2350113. State colleges undergraduate
enrichment fund. (1) There
is hereby created in the department of higher education, under
the exclusive control of the trustees
of the state colleges in Colorado
COMMISSION, the state colleges undergraduate enrichment fund.
Any moneys credited to the fund shall remain in the fund and
shall not revert to the general fund at the end of the fiscal
year. Such moneys in the fund may be invested in the types of
investments authorized in sections 2436109, 2436112,
and 2436113, C.R.S. Any interest earned on the moneys
is hereby continuously appropriated for the purposes of subsection
(2) of this section.
(2) Interest earned on moneys pursuant
to subsection (1) of this section shall be used to fund programs
to advance and enrich undergraduate education at THE STATE colleges.
under the control of the board.
Awards for such purposes shall be granted by the trustees
of the state colleges in Colorado
COMMISSION within one year from the date any moneys are credited
to the fund and shall be annually granted thereafter. The trustees
COMMISSION shall promulgate rules and
regulations establishing the criteria
to be used in granting such annual awards.
SECTION 14. 2351101, Colorado Revised Statutes, is amended to read:
2351101. College established
role and mission. There is hereby established
a college at Alamosa, to be known as Adams state college, which
THAT shall be a general baccalaureate institution with moderately
selective admission standards. Adams state college shall offer
limited professional programs, Hispanic programs, undergraduate
education degrees, masters' level programs, and twoyear
transfer programs with a community college role and mission but
shall not offer vocational education programs. The commission,
after consultation with the college and governing board, shall
determine which graduate programs, if any, at the college shall
be phased out. Adams state college shall receive resident credit
for twoyear course offerings in its commissionapproved
service area. EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999,
UPON DISSOLUTION OF THE TRUSTEES OF THE STATE COLLEGES IN COLORADO,
THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL ACCEPT THE PROPERTY
AND ASSETS OF ADAMS STATE COLLEGE. THE POWERS, DUTIES, AND FUNCTIONS
FORMERLY PERFORMED BY THE TRUSTEES OF THE STATE COLLEGES IN COLORADO
WITH RESPECT TO ADAMS STATE COLLEGE ARE HEREBY TRANSFERRED TO
THE COLORADO COMMISSION ON HIGHER EDUCATION, EFFECTIVE JULY 1,
1998, AND UNTIL JUNE 30, 1999.
SECTION 15. 2351102, Colorado Revised Statutes, is amended to read:
2351102. Lease of grounds
construction. For the purpose of providing
dormitories, living and dining halls, or cottages and equipment
for the use of the school, to enable the construction, financing,
and ultimate acquisition thereof, and to aid in improving undeveloped
portions of the grounds of the Adams state college of Colorado,
the trustees of the state colleges
in Colorado are COLORADO COMMISSION
ON HIGHER EDUCATION, FROM JULY 1, 1998, TO JUNE 30, 1999, IS empowered
to lease grounds under their
ITS control to private persons or corporations for a term not
exceeding fifty years and subject to such regulations as they
IT may prescribe, and upon the condition that such private persons
or corporations shall construct and equip on such leased grounds
such buildings or improvements as the trustees
designate or approve COMMISSION DESIGNATES
OR APPROVES and secure reimbursement for money invested therein
from the rentals of such buildings or from their sale to the trustees
COMMISSION acting for the state.
SECTION 16. 2351103, Colorado Revised Statutes, is amended to read:
2351103. No authority to create state
obligation. Nothing in sections 2351102
to 2351108 constitutes any authority to enter into
any contract which
THAT shall in any way create any debt or obligation upon the state
on account of the construction of such buildings or improvements;
except that buildings and improvements erected on any such lands
under the control of the trustees
COLORADO COMMISSION ON HIGHER EDUCATION FROM JULY 1, 1998, TO
JUNE 30, 1999, and devoted to the uses of the college under the
terms of sections 2351102 to 2351108 and
the leasehold interest shall be exempt from taxation so far as
permitted by the state constitution.
SECTION 17. 2351104, Colorado Revised Statutes, is amended to read:
2351104. Commission to control buildings.
The management of buildings erected and equipped under the terms
of sections 2351102 to 2351108, and the
scale of rentals thereof, shall, FROM JULY 1, 1998, TO JUNE 30,
1999, be subject to the approval of the trustees
of the state colleges in Colorado
COLORADO COMMISSION ON HIGHER EDUCATION.
SECTION 18. 2351105, Colorado Revised Statutes, is amended to read:
2351105. Commission may rent buildings.
The trustees of the state colleges
in Colorado are EFFECTIVE JULY 1,
1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER
EDUCATION IS authorized to lease or rent such buildings constructed
under the provisions of sections 2351102 to 2351108
from the private persons or corporations constructing the same
upon such terms as they deem
IT DEEMS satisfactory as to current rental, maintenance, and ultimate
purchase, paying therefor out of the revenues derived from the
operation of such buildings by the trustees
COMMISSION or from other funds under their
ITS control available for general maintenance purposes.
SECTION 19. 2351107, Colorado Revised Statutes, is amended to read:
2351107. Leasehold interest may be
sold. Nothing in sections 2351102
to 2351108 shall prevent the transfer or sale of the
leasehold interest prior to its expiration, subject to the approval
of the trustees
COLORADO COMMISSION ON HIGHER EDUCATION IF SAID TRANSFER OR SALE
OCCURS ON OR AFTER JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999.
SECTION 20. 2351108, Colorado Revised Statutes, is amended to read:
2351108. Commission may rent rooms.
Upon the termination of any lease or contract executed with private
persons or corporations for the construction of buildings under
the terms of sections 2351102 to 2351108,
the trustees of the state colleges
in Colorado are EFFECTIVE JULY 1,
1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER
EDUCATION IS empowered to rent rooms or quarters in buildings
erected under such leases or contracts for such reasonable compensation
as they
IT may deem best in relation to current operation, maintenance,
and upkeep costs.
SECTION 21. Repeal. 2353103, Colorado Revised Statutes, is repealed as follows:
2353103. Prospective curricula and
development plans to be submitted. Not
later than March 1, 1973, the trustees of the state colleges in
Colorado, working in cooperation with Mesa junior college and
the Mesa junior college board of trustees, shall have developed
a preliminary plan of courses of study to be provided and offered
by Mesa state college, the projected development of its campus,
and capital costs and estimated operating expenses for a period
of at least five years next following the adoption of such plan.
The preliminary plan shall be submitted to the Colorado commission
on higher education for its review and recommendation to the governor
and general assembly. A final plan shall be developed and submitted
no later than June 30, 1973, to the Colorado commission on higher
education for its review and recommendation to the governor and
the general assembly. The plan shall include the manner in which
the administration of Mesa state college will utilize area and
community advisory councils, particularly in the programs of occupational,
career, and vocational curricula, giving particular attention
to the agricultural, business, industrial, distributive, and labor
interests in such programs; further, this plan shall project how
the vocational curricula of the Mesa junior college will be continued,
extended, and articulated within the Mesa state college programs
of the future years.
SECTION 22. 2353104, Colorado Revised Statutes, is amended to read:
2353104. Transfer of assets of junior college procedure. Mesa state college may evolve from the Mesa junior college district organized and now existing pursuant to the provisions of article 71 of this title, on or before July 1, 1974, based upon a plan of dissolution providing for transfer of the property and assets of the district to Mesa state college, which shall have been approved by the trustees of the state colleges in Colorado and then adopted by the registered qualified electors of the Mesa junior college district. Following the adoption of such plan of dissolution, but not sooner than July 1, 1974, the trustees of the state colleges in Colorado shall accept the property and assets of the Mesa junior college district in accordance with the plan. EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, UPON DISSOLUTION OF THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL ACCEPT THE PROPERTY AND ASSETS OF MESA STATE COLLEGE.
SECTION 23. 2353105, Colorado Revised Statutes, is amended to read:
2353105. Outstanding obligations.
If the plan of dissolution is adopted
pursuant to section 2353104, but not sooner than July
1, 1974, the trustees of the state colleges in Colorado shall
assume the duties of the Mesa junior college board of trustees
EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO
COMMISSION ON HIGHER EDUCATION SHALL ASSUME THE POWERS, DUTIES,
AND FUNCTIONS FORMERLY PERFORMED BY THE TRUSTEES OF THE STATE
COLLEGES IN COLORADO WITH RESPECT TO THE MESA COUNTY JUNIOR COLLEGE
DISTRICT in taking such action as is necessary to meet the outstanding
obligations of the Mesa county junior college district in substantial
compliance with the terms of the outstanding bonds, authorizing
resolutions, or other contractual instruments pertinent to such
obligations. All general obligation indebtedness of the Mesa
county junior college district, both principal and interest, shall
be paid when due from the proceeds of continuing levies of ad
valorem taxes against all of the taxable property within the boundaries
of the Mesa county junior college district, except to the extent
other revenues are made available therefor. All revenue bonds
and other special obligations, if any, which by their terms are
not payable from ad valorem taxes of the Mesa county junior college
district shall continue to be payable from the revenues designated
therein. Nothing in this section shall be construed to prevent
the refunding by the trustees of the
state colleges in Colorado COLORADO
COMMISSION ON HIGHER EDUCATION of outstanding obligations of the
Mesa county junior college district. The provisions of this section
shall be set forth in substance in the plan for dissolution.
SECTION 24. 2353106, Colorado Revised Statutes, is amended to read:
2353106. Colorado commission on higher
education to supervise. The
trustees of the state colleges in Colorado
EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO
COMMISSION ON HIGHER EDUCATION shall have general supervision
of Mesa state college and the control and direction of the funds
and appropriations made thereto, and said trustees
COMMISSION shall have power to receive, demand, and hold for the
uses and purposes of the college all money, lands, and other property
which
THAT may be donated, devised, or conveyed thereto and to apply
the same in such manner as shall best serve the objects and interests
of the college. THE POWERS, DUTIES, AND FUNCTIONS FORMERLY PERFORMED
BY THE TRUSTEES OF THE STATE COLLEGES IN COLORADO WITH RESPECT
TO MESA STATE COLLEGE ARE HEREBY TRANSFERRED TO THE COLORADO COMMISSION
ON HIGHER EDUCATION, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30,
1999.
SECTION 25. 2353107, Colorado Revised Statutes, is amended to read:
2353107. Power to acquire land.
The trustees of the state colleges
in Colorado shall also EFFECTIVE
JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION
ON HIGHER EDUCATION SHALL have power to take and hold, by gift,
devise, or purchase or through exercise of the power of eminent
domain pursuant to law, so much additional land as may become
necessary for the location and construction of such additional
buildings, structures, and other facilities as may be required
for the uses and purposes of the college from funds appropriated
by the general assembly.
SECTION 26. 2353108, Colorado Revised Statutes, is amended to read:
2353108. Commission empowered to
lease grounds. For the purpose of providing
dormitories, living and dining halls, or cottages and equipment
for the use of the college, and to enable the construction, financing,
and ultimate acquisition thereof, and to aid in improving undeveloped
portions of the grounds of Mesa state college, the trustees
of the state colleges in Colorado are
COLORADO COMMISSION ON HIGHER EDUCATION, FROM JULY 1, 1998, TO
JUNE 30, 1999, IS empowered to lease grounds under their
ITS control to private persons or corporations for a term not
exceeding fifty years, subject to such regulations as they
IT may prescribe and upon the condition that such private persons
or corporations shall construct and equip on such leased grounds
such buildings or improvements as the trustees
designate or approve COMMISSION DESIGNATES
OR APPROVES, reimbursement for money invested therein to be secured
from the rentals of such buildings or from their sale to the trustees
COMMISSION acting for the state.
SECTION 27. 2353109, Colorado Revised Statutes, is amended to read:
2353109. No authority to obligate
state. Nothing in sections 2353108
to 2353114 shall constitute any authority to enter
into any contract which
THAT in any way creates any debt or obligation upon the state
on account of the construction of such buildings or improvements;
but buildings and improvements erected on any such lands under
the control of the trustees of the
state colleges in Colorado COLORADO
COMMISSION ON HIGHER EDUCATION FROM JULY 1, 1998, TO JUNE 30,
1999, and devoted to the uses of the college under the terms of
sections 2353108 to 2353114 and the leasehold
interest shall be exempt from taxation so far as permitted by
the state constitution.
SECTION 28. 2353110, Colorado Revised Statutes, is amended to read:
2353110. Buildings control
of. The management of buildings erected
and equipped under the terms of sections 2353108 to
2353114 and the scale of rentals thereof shall, ON
OR AFTER JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999, be subject
to the approval of the trustees of
the state colleges in Colorado COLORADO
COMMISSION ON HIGHER EDUCATION.
SECTION 29. 2353111, Colorado Revised Statutes, is amended to read:
2353111. Commission may rent buildings.
The trustees of the state colleges
in Colorado are EFFECTIVE JULY 1,
1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER
EDUCATION IS authorized to lease or rent such buildings constructed
under the provisions of sections 2353108 to 2353114
from the private persons or corporations constructing the same
upon such terms as they deem
IT DEEMS satisfactory as to current rental, maintenance, and ultimate
purchase, paying therefor out of the revenues derived from the
operation of such buildings by the trustees
COMMISSION or from other funds under their
ITS control available for general maintenance purposes.
SECTION 30. 2353113, Colorado Revised Statutes, is amended to read:
2353113. Leasehold interest may be
sold. Nothing in sections 2353108
to 2353114 shall prevent the transfer or sale of the
leasehold interests prior to their expiration, subject to the
approval of the trustees of the state
colleges in Colorado COLORADO COMMISSION
ON HIGHER EDUCATION IF SAID TRANSFER OR SALE OCCURS ON OR AFTER
JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999.
SECTION 31. 2353114, Colorado Revised Statutes, is amended to read:
2353114. Commission may rent rooms.
Upon the termination of any lease or contract executed with private
persons or corporations for the construction of buildings under
the terms of sections 2353108 to 2353114,
the trustees of the state colleges
in Colorado are EFFECTIVE JULY 1,
1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER
EDUCATION IS empowered to rent rooms or quarters in buildings
erected under such leases or contracts for such reasonable compensation
as they deem
IT DEEMS best in relation to current operation, maintenance, and
upkeep costs.
SECTION 32. 2353115 (4), Colorado Revised Statutes, is amended to read:
2353115. Graduate programs
implementation program creation of fund solicitation
of moneys. (4) The
trustees of the state colleges in Colorado
EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO
COMMISSION ON HIGHER EDUCATION, on behalf of Mesa state college,
may receive and spend any moneys from public or private gifts,
grants, or donations and any moneys that may be appropriated by
the general assembly for use in developing graduate courses and
programs in accordance with the implementation plan developed
pursuant to subsection (2) of this section, including the hiring
of graduate faculty and the procurement of library and other learning
resource materials and appropriate support services. It is the
intent of the general assembly that the commission on higher education,
in establishing the general fund distribution formula, pursuant
to section 231105 (3), beginning with the 199596
fiscal year and for fiscal years thereafter, shall include the
enrollment of students in graduate programs at Mesa state college
in the allocation to the trustees
of the state colleges in Colorado
GOVERNING BOARD FOR MESA STATE COLLEGE.
SECTION 33. 2353116 (1), (2), and (5), Colorado Revised Statutes, are amended to read:
2353116. Western Colorado graduate center advisory board duties creation of fund. (1) Effective July 1, 1995, the western Colorado graduate center, referred to in this section as the "center", is established on the campus of Mesa state college. The center's mission is to ensure reliable, consistent, and costeffective access for residents of western Colorado to graduate courses and programs that are necessary to maintain or strengthen employment knowledge and skills. The center is not authorized to provide graduate courses or programs. The center shall be under the authority and governance of the trustees of the state colleges in Colorado who shall develop a plan of implementation and operation for the center consistent with the center's mission; EXCEPT THAT, ON OR AFTER JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE CENTER SHALL BE UNDER THE AUTHORITY AND GOVERNANCE OF THE COLORADO COMMISSION ON HIGHER EDUCATION. The center shall operate independently of Mesa state college and shall commence operation on July 1, 1996.
(2) The trustees of the state colleges
in Colorado shall appoint a sevenmember advisory board to
advise them in operating the center; EXCEPT THAT, ON OR AFTER
JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION
ON HIGHER EDUCATION SHALL APPOINT THE MEMBERS OF THE ADVISORY
BOARD. The advisory board shall include two members of the trustees
of the state colleges in Colorado
COLORADO COMMISSION ON HIGHER EDUCATION or designees of such members.
The remaining advisory board members shall be representative
of western Colorado.
(5) The trustees
for the state colleges in Colorado
EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO
COMMISSION ON HIGHER EDUCATION, on behalf of the center, may receive
and spend any moneys from public or private gifts, grants, or
donations and any moneys that may be appropriated by the general
assembly for operation of the center and for contracts entered
into by the center for the provision of graduate courses and programs.
It is the intent of the general assembly that the commission
on higher education, in establishing the general fund distribution
formula, pursuant to section 231105 (3), beginning
with the 199596 fiscal year and for fiscal years thereafter,
shall include the
ALLOCATE MONEYS TO THE CENTER BASED ON enrollment of students
in graduate programs at the center. in
the allocation to the trustees of the state colleges in Colorado.
SECTION 34. 2354101, Colorado Revised Statutes, is amended to read:
2354101. College established
role and mission effect of name change.
(1) There is hereby established a college at Denver,
to be known as Metropolitan state college of Denver, which
THAT shall be a comprehensive baccalaureate institution with modified
open admission standards; except that nontraditional students,
as defined by the Colorado commission on higher education, after
consultation with the board of trustees of the state colleges
in Colorado, who are at least twenty
years of age shall only have an admission requirement of a high
school diploma, a GED high school equivalency certificate, or
the equivalent thereof. Metropolitan state college of Denver shall
offer a variety of liberal arts and science, technical, and educational
programs. The college may offer a limited number of professional
programs. Metropolitan state college of Denver shall offer no
graduate programs.
(2) The legal effects of any statute heretofore designating Metropolitan state college of Denver by any other name, or property rights heretofore acquired and obligations heretofore incurred under any other name, shall not be impaired.
(3) EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, UPON DISSOLUTION OF THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL ACCEPT THE PROPERTY AND ASSETS OF METROPOLITAN STATE COLLEGE OF DENVER. THE POWERS, DUTIES, AND FUNCTIONS FORMERLY PERFORMED BY THE TRUSTEES OF THE STATE COLLEGES IN COLORADO WITH RESPECT TO METROPOLITAN STATE COLLEGE OF DENVER ARE HEREBY TRANSFERRED TO THE COLORADO COMMISSION ON HIGHER EDUCATION, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999.
SECTION 35. The introductory portion to 2354102 (1), Colorado Revised Statutes, is amended to read:
2354102. Control, objects, and purposes.
(1) EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999,
Metropolitan state college of Denver shall be under the control
and management of the trustees of
the state colleges in Colorado COLORADO
COMMISSION ON HIGHER EDUCATION, and its objects shall be:
SECTION 36. 2354103, Colorado Revised Statutes, is amended to read:
2354103. Comprehensive plan of operation. In conformity with the general plan for the development of higher education in the state and in cooperation with the association of state institutions of higher education, the trustees shall develop a comprehensive plan for the longrange development of Metropolitan state college of Denver and shall periodically transmit planning reports to the governor and to the commission on higher education. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE COMPREHENSIVE PLAN DEVELOPED FOR METROPOLITAN STATE COLLEGE OF DENVER PRIOR TO JULY 1, 1998, SHALL REMAIN IN PLACE UNTIL A NEW GOVERNING BOARD IS DESIGNATED FOR METROPOLITAN STATE COLLEGE OF DENVER PURSUANT TO SECTION 2350101.
SECTION 37. 2356101, Colorado Revised Statutes, is amended to read:
2356101. College established role and mission. (1) There is hereby established a college at Gunnison, which shall be known as Western state college of Colorado. Western state college of Colorado shall be a general baccalaureate institution with moderately selective admission standards. The college shall provide a limited number of professional programs, educational programs, and traditional arts and sciences. The Colorado commission on higher education, after consultation with the college and governing board, shall determine which graduate programs, if any, shall be phased out. Western state college shall offer no twoyear programs.
(2) EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, UPON DISSOLUTION OF THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL ACCEPT THE PROPERTY AND ASSETS OF WESTERN STATE COLLEGE OF COLORADO. THE POWERS, DUTIES, AND FUNCTIONS FORMERLY PERFORMED BY THE TRUSTEES OF THE STATE COLLEGES IN COLORADO WITH RESPECT TO WESTERN STATE COLLEGE OF COLORADO ARE HEREBY TRANSFERRED TO THE COLORADO COMMISSION ON HIGHER EDUCATION, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999.
SECTION 38. 2356102, Colorado Revised Statutes, is amended to read:
2356102. Status and control.
The buildings and premises of the Western state college of Colorado
shall form a part of the school system of the state and, EFFECTIVE
JULY 1, 1998, AND UNTIL JUNE 30, 1999, shall be controlled and
managed by the board of trustees created
in section 2350101 (1), known as the trustees of the
state colleges in Colorado COLORADO
COMMISSION ON HIGHER EDUCATION.
SECTION 39. 2356103, Colorado Revised Statutes, is amended to read:
2356103. Commission empowered to
lease grounds. For the purpose of providing
dormitories, living and dining halls, or cottages and equipment
for the use of the college, and to enable the construction, financing,
and ultimate acquisition thereof, and to aid in improving undeveloped
portions of the grounds of the Western state college of Colorado,
the trustees of the state colleges
in Colorado are EFFECTIVE JULY 1,
1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER
EDUCATION IS empowered to lease grounds under their
ITS control to private persons or corporations for a term not
exceeding fifty years and subject to such regulations as they
IT may prescribe, and upon the condition that such private persons
or corporations shall construct and equip on such leased grounds
such buildings or improvements as the trustees
designate or approve COMMISSION DESIGNATES
OR APPROVES designate or approve and secure reimbursement for
money invested therein from the rentals of such buildings or from
their sale to the trustees
COMMISSION acting for the state.
SECTION 40. 2356104, Colorado Revised Statutes, is amended to read:
2356104. No authority to obligate
state. Nothing in sections 2356103
to 2356109 shall constitute any authority to enter
into any contract which
THAT in any way creates any debt or obligation upon the state
on account of the construction of such buildings or improvements;
but buildings and improvements erected on any such lands under
the control of the trustees
COLORADO COMMISSION ON HIGHER EDUCATION FROM JULY 1, 1998, TO
JUNE 30, 1999, and devoted to the uses of the college under the
terms of sections 2356103 to 2356109 and
the leasehold interest shall be exempt from taxation so far as
permitted by the state constitution.
SECTION 41. 2356105, Colorado Revised Statutes, is amended to read:
2356105. Buildings control
of. The management of buildings erected
and equipped under the terms of sections 2356103 to
2356109 and the scale of rentals thereof shall, ON
OR AFTER JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999, be subject
to the approval of the trustees
COLORADO COMMISSION ON HIGHER EDUCATION.
SECTION 42. 2356106, Colorado Revised Statutes, is amended to read:
2356106. Commission may rent buildings.
The trustees of the state colleges
in Colorado are EFFECTIVE JULY 1,
1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER
EDUCATION IS authorized to lease or rent such buildings constructed
under the provisions of sections 2356103 to 2356109
from the private persons or corporations constructing the same
upon such terms as they deem
IT DEEMS satisfactory as to current rental, maintenance, and ultimate
purchase, paying therefor out of the revenues derived from the
operation of such buildings by the trustees
COMMISSION or from other funds under their
ITS control available for general maintenance purposes.
SECTION 43. 2356108, Colorado Revised Statutes, is amended to read:
2356108. Leasehold interest may be
sold. Nothing in sections 2356103
to 2356109 shall prevent the transfer or sale of the
leasehold interests prior to their expiration, subject to the
approval of the trustees
COLORADO COMMISSION ON HIGHER EDUCATION IF SAID TRANSFER OR SALE
OCCURS ON OR AFTER JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999.
SECTION 44. 2356109, Colorado Revised Statutes, is amended to read:
2356109. Commission may rent rooms.
Upon the termination of any lease or contract executed with private
persons or corporations for the construction of buildings under
the terms of sections 2356103 to 2356109,
the trustees are
EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO
COMMISSION ON HIGHER EDUCATION IS empowered to rent rooms or quarters
in buildings erected under such leases or contracts for such reasonable
compensation as they deem
IT DEEMS best in relation to current operation, maintenance, and
upkeep costs.
SECTION 45. 231104 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
231104. Financing the system of postsecondary education repeal. (1) (e) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), FOR THE 199899 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL MAKE THE APPROPRIATION OF GENERAL FUND MONEYS AND OF CASH FUNDS RECEIVED FROM TUITION INCOME THAT WOULD OTHERWISE BE MADE TO THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO AS A SINGLE LINE ITEM TO THE COMMISSION. THE COMMISSION SHALL ALLOCATE SAID APPROPRIATIONS TO THE INSTITUTIONS FORMERLY UNDER THE CONTROL OF THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO IN PROPORTION TO THE AMOUNT RECEIVED BY EACH INSTITUTION FOR THE 199798 FISCAL YEAR.
(II) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), FOR THE 199899 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL MAKE THE APPROPRIATION OF CASH FUNDS, OTHER THAN CASH FUNDS RECEIVED AS TUITION INCOME, THAT WOULD OTHERWISE BE MADE TO THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO AS A SINGLE LINE ITEM TO THE COMMISSION. THE COMMISSION SHALL ALLOCATE SAID APPROPRIATIONS TO THE INSTITUTIONS FORMERLY UNDER THE CONTROL OF THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO IN PROPORTION TO THE AMOUNT RECEIVED BY EACH INSTITUTION FOR THE 199798 FISCAL YEAR.
(III) THE COMMISSION MAY RETAIN UP TO ___ PERCENT OF THE APPROPRIATIONS MADE PURSUANT TO THIS PARAGRAPH (e) TO OFFSET THE COSTS INCURRED BY THE COMMISSION IN MANAGING THE INSTITUTIONS FORMERLY UNDER THE CONTROL OF THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO DURING THE 199899 FISCAL YEAR.
(IV) THIS PARAGRAPH (e) IS REPEALED, EFFECTIVE JULY 1, 1999
SECTION 46. 235103 (1), Colorado Revised Statutes, is amended to read:
235103. Pledge of income.
(1) The governing board of any one or more state educational
institutions, including, but not limited to, the STATE colleges,
under the control and operation of
the trustees of the state colleges in Colorado, which
THAT enters into such a contract for the advancement of moneys
is authorized, in connection with or as a part of such contract,
to pledge the net income derived or to be derived from such land
or facilities so constructed, acquired, and equipped as security
for the repayment of the moneys advanced therefor, together with
interest thereon, and for the establishment and maintenance of
reserves in connection therewith; and, for the same purpose, any
such governing board is also authorized, subject to the limitations
specified in section 231123 (5), to pledge the net
income derived or to be derived from other auxiliary facilities
which
THAT are not individually designated as enterprises and which
THAT are not acquired and not to be acquired with moneys appropriated
to the institution by the state of Colorado, and to pledge the
net income, fees, and revenues derived from such sources, if unpledged,
or, if pledged, the net income, fees, and revenues currently in
excess of the amount required to meet principal, interest, and
reserve requirements in connection with outstanding obligations
to which such net income, fees, and revenues have theretofore
been pledged. If the contract for the advancement of moneys is
entered into by the university of Colorado on behalf of a designated
enterprise auxiliary facility that is associated with the university
of Colorado, the board of regents is authorized to pledge only
the net income, including fees and revenues derived or to be derived
from the designated enterprise auxiliary facility and any other
designated enterprise auxiliary facilities.
SECTION 47. 2340104 (2), Colorado Revised Statutes, is amended to read:
2340104. Board of trustees.
(2) Except as provided in this subsection (2), the
powers, duties, and functions formerly performed by the trustees
of the state colleges in Colorado with respect to the university
of northern Colorado are hereby transferred to the board of trustees
for the university of northern Colorado. The board of trustees
for the university of northern Colorado shall have, with respect
to the university of northern Colorado, the same powers, duties,
and functions as the trustees of the
state colleges in Colorado have COLORADO
COMMISSION OF HIGHER EDUCATION HAS with respect to the state colleges
named in section 2350101 (1); except that the
trustees of the state colleges in Colorado
EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO
COMMISSION ON HIGHER EDUCATION shall retain
HAVE authority over the setting of fees and other fiscal matters
at the university of northern Colorado directly related to present
and future facilities and pledges under the systemwide bonding
agreement in effect as of May 1, 1972, but no action changing
the liabilities of said university with reference to the system
may be taken without thirty days' prior notice to the board of
trustees for the university of northern Colorado.
SECTION 48. The introductory portion to 2370102 (1) and 2370102 (1) (b), Colorado Revised Statutes, are amended to read:
2370102. Auraria board membership
terms oaths voting repeal.
(1) Effective July 1, 1989, there is hereby created
a new board of directors of the Auraria higher education center,
referred to in this article as the "Auraria board",
which
THAT shall consist of nine members and two ex officio nonvoting
members. The members of the Auraria board shall be chosen in
the following manner:
(b) (I) The chief executive officers,
respectively, of the regents of the university of Colorado, the
trustees of the state colleges in Colorado, and
the state board for community colleges and occupational education,
AND, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO
COMMISSION ON HIGHER EDUCATION, or their designees, who shall
be limited to the chancellor of the university of Colorado at
Denver, the president of the Metropolitan state college of Denver,
and the president of the community college of Denver, respectively.
(II) Three members, one appointed by,
and from among the members of, each of the following boards:
The state board for community colleges and occupational education,
the trustees of the state colleges
in Colorado, and the regents of the
university of Colorado, AND, EFFECTIVE JULY 1, 1998, AND UNTIL
JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION. Each
such member to
SHALL serve at the pleasure of the appointing board so long as
he OR SHE is a member of the appointing board.
SECTION 49. 241114 (4) (c), Colorado Revised Statutes, is amended to read:
241114. Department of higher education creation. (4) For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law:
(c) EFFECTIVE JULY 1, 1998, AND UNTIL
JUNE 30, 1999, the trustees of the
state colleges in Colorado, created by article 50 of title 23,
C.R.S., COLORADO COMMISSION ON HIGHER
EDUCATION, ACTING AS TEMPORARY GOVERNING BOARD for:
(I) Adams state college of Colorado, created by article 51 of title 23, C.R.S.;
(II) Metropolitan state college of Denver, created by article 54 of title 23, C.R.S.;
(III) Repealed.
(IV) Western state college of Colorado, created by article 56 of title 23, C.R.S.;
(V) Mesa state college, created by article 53 of title 23, C.R.S.;
SECTION 50. 382105, Colorado Revised Statutes, is amended to read:
382105. Educational boards of control
have right of eminent domain. The regents
of the university of Colorado, the state board of agriculture
for Colorado state university and Fort Lewis college, the board
of trustees of the Colorado school of mines, the board of trustees
of the university of northern Colorado, and the
trustees of the state colleges in Colorado
EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO
COMMISSION ON HIGHER EDUCATION, ON BEHALF OF THE STATE COLLEGES,
have the power to acquire real property, which
THAT they may deem necessary, by the exercise of eminent domain
through condemnation proceedings in accordance with law.
SECTION 51. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.